Roy Leslie Crayton v. State

ACCEPTED 03-15-00038-CR 5007922 THIRD COURT OF APPEALS AUSTIN, TEXAS 4/23/2015 2:23:58 PM JEFFREY D. KYLE CLERK NO. 03-15-00038-CR FILED IN 3rd COURT OF APPEALS IN THE COURT OF APPEALS AUSTIN, TEXAS FOR THE 4/23/2015 2:23:58 PM THIRD SUPREME JUDICIAL DISTRICT JEFFREY D. KYLE Clerk AT AUSTIN, TEXAS ROY LESLIE CRAYTON, Appellant vs. THE STATE OF TEXAS, Appellee Appeal from the County Court at Law Cause No. M29921 Burnet County, Texas The Honorable W. Randy Savage, Judge Presiding APPELLANT'S FIRST MOTION FOR EXTENSION OF TIME Gary E. Prust State Bar No. 24056166 1607 Nueces Street Austin, Texas 78701 (512) 469-0092 Fax: (512) 469-9102 gary@prustlaw.com ATTORNEY FOR APPELLANT ORAL ARGUMENT IS NOT REQUESTED APPELLANT’S FIRST MOTION FOR EXTENSION OF TIME TO FILE BRIEF Appellant, Roy Leslie Crayton, file this, his “First Motion for Extension of Time to File Brief,” and in support thereof shows as follows. I. 1. Appellant's Motion is brought pursuant to TEX.R.APP.P 10.5(b). 2. Appellant has not requested previously an extension of time within which to file his brief. 3. Appellant's brief is due on April 24, 2015. 4. Appellant's attorney had a very busy trial and appellate schedule during the months of March and April 2015. This has included authoring and filing two briefs in unrelated appeals in additional to numerous jury trial and other evidentiary settings. 5. In order to address the issues raised in the present appeal thoroughly, Appellant's attorney will require more time to complete his brief. Appellant’s attorney will require until June 24, 2015 to complete his brief. 6. Accordingly, Appellants request that this Court allow him until June 24, 2015 to file his brief. 2 Respectfully submitted, /s/ Gary E. Prust Gary E. Prust SBN 24056166 1607 Nueces Street Austin, Texas 78701 (512) 469-0092 Fax: (512) 469-9102 gary@prustlaw.com Attorney for Appellant 3 CERTIFICATE OF SERVICE In compliance with Rule 9.5(d) of the Texas Rules of Appellate Procedure, the undersigned attorney certifies that a true and correct copy of the foregoing Motion was served upon Mr. Cody Henson, special prosecutor sitting by appointment, via electronic transmission to his email address at cody@hillcountrylegal.com in accordance Rule 9.5(b) of the Texas Rules of Appellate Procedure on this the 23rd day of April, 2015. /s/ Gary E. Prust Gary E. Prust CERTIFICATE OF COMPLIANCE Pursuant to TEX. R. APP. PROC. 9.4(i)(3), I hereby certify this brief contains 150 words. This is a computer-generated document created in Microsoft Word, using 14-point typeface. In making this this certificate, I rely on the word count provided by the software use to prepare the document. /s/ Gary E Prust Gary E. Prust CERTIFICATE OF CONFERENCE This is to confirm I conferred with Mr. Cody Henson in person regarding this motion. He has no opposition to this motion. /s/ Gary E Prust Gary E. Prust 4